Several people may find themselves in a situation where they take on new work in addition to their existing job.
Can an employee take on multiple employment relationships in parallel?
There is no legal provision that would prohibit an employee from taking on work for multiple employers at the same time. That is, if an employee decides that they would like to work in another employment relationship, their employer cannot prevent this without a good reason.
In which cases can an employer limit or prohibit parallel employment?
Such a good reason could be parallel employment for the employer’s competitor. This would harm the employer’s economic interests.
In the case of certain jobs, the law itself prohibits the establishment of a legal relationship for multiple employment. In the case of a managerial employee, the Labor Code itself prohibits the employee from establishing any other legal relationship for employment. The concept of employment relationship includes any legal relationship in which one party performs work for the benefit of the other party, whether it is an agency, business or individual entrepreneur relationship. Of course, a managerial employee can also agree differently with the employer where he holds a managerial position.
What can the employer expect from the employee if the employee has more than one legal relationship?
The employee does what he wants during his rest time, so he can even take on other work. However, it is the legitimate expectation of all employers that the employee should appear at the workplace in a state suitable for work, at the prescribed time, and fully fulfill his obligations arising from the employment relationship. Accordingly, the employee may only maintain as many employment relationships as he can fulfill his obligations to the maximum extent.
It is important to emphasize that all employment relationships are considered independent employment relationships, the same rules apply to each employment relationship, and neither employer has to make concessions in terms of expectations towards the employee because of the other employment relationship.
Accordingly, all employers must comply with the legal requirements regarding the maximum daily working hours, weekly rest periods, and weekly rest days.
Can a second job affect salary?
The employee’s basic salary cannot be set at an amount lower than the minimum wage or the guaranteed minimum wage even if the employee earns enough in another employment relationship to make his or her earnings from the two employment relationships reach the amount specified by law.
Employers must handle the accounting of holidays and sick pay in both employment relationships in a way that complies with the legal requirements, as they are independent legal relationships. The employee’s vacations must therefore be recorded in both employment relationships, and the sick leave certificate must be submitted at both workplaces.
It is also important for the employer to ensure that the employee does not perform his tasks from the parallel employment relationship at the same time. It is not good for the employer if, for example, an employee performing assistant tasks provides telephone customer service from the other employment relationship to another employer as a virtual assistant during working hours. In this case, in addition to the fact that the employee would not be able to utilize his full working hours, there could also be a risk of delayed performance of the tasks. If both employers consent to the aforementioned parallel performance of tasks, it is advisable to establish an employment relationship with the employee established by several employers.
Is the employee obliged to inform his employer if he establishes another employment relationship in parallel?
The Labor Code imposes a general obligation of cooperation on the parties, so the employee is obliged to notify his employer if he establishes another employment relationship in parallel.
This is also important because the employer, in order to fulfill his legal obligation to provide a healthy and safe working environment, must assess the risks caused by parallel work, such as fatigue or attention deficit.
